The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-04-26
THE OPIUM LAW.
Decision by the Full Bench.
No Penalty for Having Opium
IN Possession.
The Constitutional Question Reserved

foung lang, Tor opium unlawfully IN
possession. There we're present Chief
Justice Judd and Associate Justices
McCully, Preston and Bickerton. AS.
sociate Justice Fernandez was absent.
Judge Preston read the opinion of the
Court, in presence of the Marshal, q
large representation of the Bar, and the
public. Below is a summary of the
opinion
The case came to the Court on an
appeal on points Of law from the Pc
lice Court Of Honolulu. The de
PENDANT was charged with the ohense Of
having opium unlawfully in his pos
session" He pleaded not guilty, and
on the Crown resting after the presenta
ton Of evidence for the prosecution
the defendant by his attorney, Mr. ].
+. Dare, moved that he be discharged
on the grounds: l, The Crown has moi
proven its charge Of unlawful possession
of opium; 2, that the possession Of
opium under the law Of 1886 is not {
crime 8, that the Act of 1886, en-
titled "An Act to Regulate the I'm
portation and Sale Of Opium in this
Kingdom" is unconstitutional, ano
therefore void and Of no effect.
The Police Justice over-ruled the
motion, and, no defense being offered,
the prisoner was convicted, and sen
fenced to pay a fine Of one thousand
dollars and to be imprisoned at hare
labor for the term of two years, where
upon this appeal to the Supreme Court
in banco was taken.
"This being an appeal solely upor
points OF law, the Court has not only tc
determine whether the appellant il
liable to any punishment under the
statute of last session, but whether
there is any other law in force which
subjects the appellant to punishment
because # we should so find we mus
remit the case to the Police Magistrate
in order that legal sentence may bC
passed. We must, therefore, ascertain
how far the said statute conflicts witt
the law as it stood when such statute
came into operation. For this purpose
It will not be necessary to go back fur
ther than the law Of 1874"
The Act Of 1874, as amended by
the Legislature Of 1876, is then cited
its tile being, can Act to Restrict the
Importation and Sale of Opium Oh
Preparations Thereof" Under this
Act the importation OF opium or any
preparation thereof into this Kingdom
except as authorized by section 2, is
strictly prohibited under penalty of moi
less than one hundred dollars and hare
labor for any term not exceeding two
years.
Section referred to grants permits
sion to the Board of Health TO import
such quantities of opium or prepare
tons thereof as the said Board shall
deem necessary for medical purposes
in this Kingdom and shall furnish 1t a
cost to any physician or surgeon
havEg d:bl0ma or ee,fjfeate f,o0
ssme medial college or Eni0e'Hy anC
who has a'license to practise medicine
in this Kingdom, also to the person IL
charge of the medicines at the Lepe
Settlement at Molokai to be used ex
clusively for medical purposes, An'
the said Board may also furnish it L
the captain or surgeon of any yesse
bound to a foreign port for use oil
board said vessel"
Section 3provides penalty of impri'
onment at hard labor for not more tha
one year, for any person having opium
; in possession unless he has obtained
, in the manner or from the partie
authorized in the previous section
This penalty was increased by tn
Legislature of 1880 to fine of not les
than $50 nor more than $a5o and in
prisonment not exceeding one year.
5 Section 4 of the Act of 1874 cite,
, forbids any physician or surgeon sell
S ing, prescribing or furnishing opium 9
any preparation thereof to "any perso
in the habit of smoking or otherwis
, using the same or to any other perso
/ except as a remedy in case of sickness
The penalty is forfeiture Of all tn
offending doctors stock of opium an
preparations thereof, together with
fine of not less than $2s nor more tina
a 500, "and if he shall violate this Az
!, more than once he shall not again b
j furnished with opium by the Boar
of Health.
o The Court next quoted an Act pas
}; ed in 1880, 'to authorize the Ministt
$ of Interior to grant licenses for the sal
+. of poisonous drugs" BY this Act
l. license may be granted to any du
: qualified physician or surgeon, or to an
other suitable person who may be r
commended by the Board of Healtl
~ Il, u